West Virginia Last Will and Testament: What Is It?
A Last Will and Testament is a legal document that a person, known as a grantor, will create to specify how their personal and real property will be distributed after their death. Once the form is created, it must be signed, witnessed, and notarized to become a legally enforceable document. Once the proper steps have been taken, the Will should be sent to all of the named beneficiaries as well as the Grantor’s attorney. Though state laws vary toward last will and testament documents, they do not need to be submitted to any state entity. However, a Last Will and Testament may be registered with the County Clerks Office, Probate Courts, and certain Secretary of State offices.
Laws - Chapter 41 (Wills)
Witnesses - According to §41-1-3, the Will must be signed by two (2) witnesses who must witness the Testator signing the document. In addition, the Testator must be present when the Witnesses sign.
How to Write a West Virginia Last Will and Testament
- Your Information
- Name, Gender, city, and county of residence
- Marital Status
- Declare your marital status, name your spouse and whether or not he or she will be a beneficiary
- Provide information on your children, pets, property, and life insurance
- Include specific information such as addresses, policy numbers, etc.
- State Inheritance Specifics for your Children
- Set up a Trust
- Setting up a Trust for someone who receives benefits like Medicaid can prevent any eligibility issues
- List Provisions on Inheritance Terms
- When benefits start, stop, and the portion put into the Trust
- Funeral Home
- Name/address/contact information
- Last Meal Specifications or Wishes
- Appoint Your Executor
- Appoint Your Trustee
- Name Your Digital Executor (if you have digital assets)
- Appoint a Guardian for your Children
- Name Disinherited Individuals
- Name Other Beneficiaries
- Provide Witness Contact Information
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